Revolving Credit Commitment Increase. (a) Each Lender (each an “Incremental Lender”) party to this Amendment hereby severally agrees to provide the Revolving Credit Commitment Increase set forth opposite its name on Annex A attached hereto (the “Third Amendment Incremental Commitments”). The Third Amendment Incremental Commitments (i) shall be an increase to the Revolving Credit Commitments provided on the Closing Date, (ii) shall be subject to all of the terms and conditions set forth in the Existing Credit Agreement (including Section 2.25 thereof), (iii) shall have terms identical to the terms of the initial Revolving Credit Commitments and (iv) shall remain in effect through the Third Amendment Commitment Termination Date (as defined in the Amended Credit Agreement). 472780/217907 - 8077384.4
(b) Each Incremental Lender, the Borrowers, Guarantors, the Agent and the Co-Collateral Agents acknowledge and agree that the Third Amendment Incremental Commitments shall constitute a Revolving Credit Commitment Increase pursuant to Section 2.25 of the Existing Agreement and, upon the Third Amendment Effective Date (as defined below), the Third Amendment Incremental Commitments of each Incremental Lender shall be added to (and thereafter become a part of), the Revolving Credit Commitment of such Incremental Lender through the Third Amendment Commitment Termination Date. Each Incremental Lender, the Borrowers, Guarantors, Agent and the Co-Collateral Agents further agree that, with respect to the Third Amendment Incremental Commitments provided by each Incremental Lender pursuant to this Agreement, such Incremental Lender shall receive from the Borrowers such upfront fees, and/or other fees, if any, as may be separately agreed to in writing with the Borrowers and the Agent, all of which fees shall be due and payable to such Incremental Lender on the terms and conditions set forth in each such separate agreement.
(c) The Borrowers represent and warrant that (i) the conditions set forth in Section 2.25 of the Existing Agreement with respect to the effectiveness of any Revolving Commitment Increase are satisfied with respect to the Third Amendment Incremental Commitments on the Third Amendment Effective Date, (ii) the Third Amendment Incremental Commitments are permitted under Section 2.25 of the Amended Credit Agreement and (iii) the Third Amendment Incremental Commitments are permitted under the Term Loan Credit Agreement and the Intercreditor Agreement, subject to Term Loan Agent’s consent contained in...
Revolving Credit Commitment Increase. (a) Pursuant to Section 2.6 of the Credit Agreement, the Borrower confirms and agrees that it is has requested an increase in the aggregate amount of the existing Revolving Credit Commitments through the establishment of a Revolving Credit Commitment Increase in an aggregate principal amount of $50,000,000 (the “Incremental Revolving Credit Commitment”) on the Amendment No. 1 Effective Date (as defined below).
(b) Each Incremental Lender party hereto agrees (i) that effective on and at all times after the Amendment No. 1 Effective Date, such Incremental Lender will be bound by all of the obligations of a Lender under the Credit Agreement, (ii) to increase its Revolving Credit Commitment in the amount set forth opposite its name on Schedule I hereto, which shall be added to and constitute a part of the Revolving Credit Commitments existing under the Credit Agreement immediately prior to giving effect to this Amendment and (iii) to assume a portion of each existing Lender’s participations in outstanding Letters of Credit and Swingline Loans such that, after giving effect to this Amendment, the percentage of the aggregate outstanding (A) participations under the Credit Agreement in Letters of Credit and (b) participations under the Credit Agreement in Swingline Loans held by each Lender (including each Incremental Lender) will equal the percentage of the aggregate Revolving Credit Commitments represented by such Lender’s Revolving Credit Commitment.
(c) As of the Amendment No. 1 Effective Date, the settlement required pursuant to Section 2.6(f)(ii) of the Credit Agreement shall have occurred.
(d) This Amendment shall constitute an Incremental Amendment for purposes of Section 2.6(e) of the Credit Agreement.
Revolving Credit Commitment Increase. Subject to the satisfaction of the conditions precedent set forth in Section 7 below, (a) each Specified Existing Lender hereby agrees that its Revolving Credit Commitment shall be increased by the amount specified on Exhibit A attached hereto with respect to such Specified Existing Lender and (b) each Specified New Lender hereby agrees provide a new Revolving Credit Commitment in the amount specified on Exhibit A attached hereto with respect to such Specified New Lender.
Revolving Credit Commitment Increase. (a) The Borrower and the Increasing Lender hereby agree that, subject to the satisfaction of the conditions in Section 6 hereof, on the Commitment Effective Date (as defined below), the Revolving Credit Commitment Increase of the Increasing Lender shall become effective and the Commitments shall be deemed increased by the amount of the Revolving Credit Commitment Increase of the Increasing Lender. Pursuant to Section 2.6 of the Credit Agreement, the Revolving Credit Commitment Increase shall be a Commitment for all purposes under the Credit Agreement and each of the other Loan Documents and shall have terms identical to the Commitments outstanding under the Credit Agreement immediately prior to the date hereof.
(b) The Increasing Lender acknowledges and agrees that upon the Commitment Effective Date, the Increasing Lender shall be a “Lender” under, and for all purposes of, the Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder.
(c) Upon the Commitment Effective Date, Schedule 1.1 of the Credit Agreement will be amended and restated in its entirety by Schedule 1.1 hereto.
Revolving Credit Commitment Increase. (a) Each Additional Lender shall, with effect from the Incremental Facility Closing Date (as defined below), become, if not already, a party to the Credit Agreement as a Revolving Credit Lender with a Revolving Credit Commitment set forth opposite such Additional Lender’s name on Annex A hereto (as such Revolving Credit Commitment may thereafter be changed from time to time pursuant to the terms of the Credit Agreement). Each Additional Lender shall, with effect from the Incremental Facility Closing Date, have the rights and obligations of a Revolving Credit Lender under the Credit Agreement and the other Loan Documents.
(b) The last sentence of the definition of “Revolving Credit Commitment” is amended and restated in its entirety to read as follows: The aggregate amount of the Revolving Credit Commitments as of July 29, 2010 is $75,000,000.
(c) Annex A hereto sets forth each Revolving Credit Lender, and the Revolving Credit Commitment of each Revolving Credit Lender, after giving effect to the Revolving Credit Commitment Increase. The Revolving Credit Commitments of each Revolving Credit Lender are several and not joint.
(d) Annex A attached to the Credit Agreement is deleted and replaced with Annex A hereto.
Revolving Credit Commitment Increase. The Borrower confirms and agrees that (i) it has requested an increase in the Revolving Credit Commitments in the aggregate principal amount specified on Schedule A attached hereto (which amount shall not exceed $600,000,000 in the aggregate), from the Incremental Revolving Lenders (as defined below) pursuant to and on the terms set forth in Section 1.15 of the Credit Agreement, effective on the Amendment No. 4 Effective Date and (ii) this Amendment shall constitute an Increase Request EXHIBIT 10.1
Revolving Credit Commitment Increase. With effect from and including the Incremental Facility Agreement No. 4 Effective Date immediately after giving effect to the transactions described in Section 2 of this Agreement, each Person identified on the signature pages hereof as an Incremental No. 4 Revolving Lender shall become a party to the Amended Credit Agreement as a “Lender”, a “Revolving Lender” and a “Incremental No. 4 Revolving Lender” under the Amended Credit Agreement and the other Loan Documents and shall have the Incremental No. 4 Revolving Commitments in the amount set forth opposite its name on Schedule 1 hereto, which shall constitute Revolving Commitments under the Amended Credit Agreement and shall have the same terms and conditions as (including with respect to the maturity date thereof), and shall be part of, the Revolving Commitments in effect immediately prior to the Incremental Facility Agreement No. 4 Effective Date being hereby increased.
Revolving Credit Commitment Increase. On the terms and subject to the conditions set forth herein, from and after the Restatement Effective Date, each Incremental Lender hereby agrees to increase and make available their Revolving Credit Commitment’s in the amount set forth on Schedule I hereto to the Borrower in accordance with the Credit Agreement.
Revolving Credit Commitment Increase. The Revolving Credit Commitment shall be increased from time to time as requested by Borrowers to an amount up to $25,000,000 in the aggregate; provided that such increments shall be in amounts not less than $2,500,000 each (each a "REVOLVING CREDIT COMMITMENT INCREMENT AMOUNT"), no Default or Event of Default shall have occurred and be continuing or would occur after giving effect to the same and Borrower Agent shall have provided Senior Lender with at least 10 Business Days prior written notice thereof.
1 of the aggregate amount of each Revolving Credit Commitment Increment Amount, without duplication, shall be due and payable on the effective date of such increase, including, without limitation, an amount equal to $50,000 which shall be due and payable by Borrowers to Senior Lender on or before the Closing Date with respect to the $5,000,000 increase to the Revolving Credit Commitment under this Agreement from such commitment as in effect under the First Amended Loan Agreement. If Borrowers' request, and Senior Lender consents to an increase in the Revolving Credit Commitment above $25,000,000, it shall be entitled to charge to the Borrower a service fee for processing and approving the increase in the Revolving Credit Commitment equal to 1.00% of the amount by which the Revolving Credit Commitment then in effect is increased, and/or adjust the Interest Rate.
Revolving Credit Commitment Increase. Prior to the date hereof, the Borrower has proposed to increase the Revolving Credit Commitments to an aggregate amount of $75,000,000 pursuant to the provisions of Section 1.15 of the Credit Agreement. Certain of the Lenders have, pursuant to the provisions of said Section 1.15, elected to increase their respective Revolving Credit Commitments such that the Revolving Credit Commitments of the Lenders effective from and after the date hereof shall be: Hxxxxx Trust and Savings Bank $ 21,875,000.00 Bank of America, N.A. $ 21,875,000.00 Wxxxx Fargo Bank, National Association $ 15,625,000.00 Wachovia Bank, N.A. $ 15,625,000.00 In connection with such increase, the Borrower shall on the date hereof pay each Lender increasing its Revolving Credit Commitment a fee of 0.10% on the amount of such increase (the “Commitment Increase Fee”).
